Problem Partners                 

     Like any close relationship between we humans, partners sometimes disappoint each other.  Such bumps in the road are normal and often the best course is to accept it, get over it and move on.  If a firm partner has an ongoing, serious problem, however, such as alcoholism or anger management issues, we must face it squarely and quickly.  In addition, we must immediately work to ensure clients and firm employees are not unfairly and harmfully suffering the consequences of the attorney’s issues.  If you are too complacent and do not take these steps in a prompt and appropriate manner, then you are equally responsible for any harm caused to clients and staff.  You must also face the fact that if you really don’t care, you are in the wrong partnership or you are unwilling to assume the responsibilities and challenges of a multi-attorney firm. 

 “What Ifs”   

     Let’s assume one of your partners has serious personal problems.  Would you rearrange your schedule to help out in whatever ways you could?  Would you insist that she immediately get the proper medical or other help needed?   Would you assume interim responsibility for her cases and administrative responsibilities (or help ensure they are assigned to the appropriate attorney?  Would you initiate a quality control audit to ensure her clients’ matters are in good order?  Would you take the time to obtain input from every employee who may have been “battered” or otherwise mistreated by your partner? 

      If you can answer a genuine “Yes” to all these questions then there’s little doubt you are a true team player and committed to keeping the partnership healthy and thriving.  If not, figure out why not?

Heads-in-the-Sand  

     Far too many attorneys turn their heads away from their partners’ problems even when they involve serious issues such as alcohol or drug abuse, sexual harassment, chronically poor client relations, repeated broken promises, steady decrease in fees generated and sloppy work product.  Head-in-the-sand attorney types hope someone else will step in to help or that the problem attorney will one day instantly snap out of their destructive pattern and things will be like “they used to be.”

      Assuming we choose our partners to share the successes and risks of law practice then you no doubt care about their physical and mental well being.  Likewise, you value and appreciate each partners contributions to the firm. Partners expect each other to treat all firm employees, clients and their cases with the highest level of respect and competency.  And, if a partner suffers serious problems, his or her partners must promptly help to resolve the issues and to minimize any negative consequences of the situation in any way they can.  Several management tools can assist them in doing so, one of which is discussed below.

 Resolution Planning 

     Do you have a written partnership agreement?  Does it cover how to handle suspected problems such as substance abuse, client neglect, sexual harassment, poor work quality, inadequate or improper staff supervision, etc.?  Are problems addressed in compliance with your partnership agreement or differently each time? 

     If you have no partnership/shareholder policy that covers how to handle problematic firm attorneys, how have you addressed such issues?  Were they dealt with promptly and successfully?  Was a partner left hanging out on a limb to handle the matter on his or her own?

      I consider provisions in partnership agreements regarding how to handle problematic partners absolutely essential.  The need for a written partnership agreement is no less critical than the reasons behind advising our clients to document their buy/sell, separation agreements and other contracts.  Like the cobbler’s kids with no shoes, however, we often don’t take the time to create partnership agreements much less discuss or plan ahead as to how we will handle potential problems. 

     Typical partner problems ignored by firms rather than faced include:  a steady, declining quality in work product; client neglect (usually coupled with an increase in client complaints); alcohol abuse or other addictions; demeaning treatment of employees and often their partners as well; repeatedly breaking promises made to clients and others; repeatedly lying or misleading others; and an ongoing failure to communicate in a timely and proper manner.

     Why are these and other potentially harmful issues ignored?  First, it’s awkward and uncomfortable to point an accusatory finger at a partner.  Second, it takes enormous amounts of time and energy to face these issues; and third, many attorneys want “someone else” to do the dirty work.  They are willing to keep their heads in the sand while waiting for the “fix it” fairy to appear and work her magic.   

The Bottom Line 

     In multi-attorney firms, the buck starts and stops with each partner.  Partners are the “someone else” who should do the dirty work or in the alternative, supervise and monitor whoever is the best person to handle the situation.   In the right partnerships, when the “messes” are dealt with responsibly, swiftly and courageously, the tough times are far outweighed by the many rewards of a healthy and proactive partnership.

 (A different version on this same subject was published in Lawyers USA, March 2006)

Nancy has written on many other topics through the years for many seminars, office retreats, workshops and publications.  If you are looking for a topic not listed on this page, please let us know what topics are of interest to you.  If Nancy has written on the subject, we will be glad to share a copy with you.  A few more articles by Nancy are listed below:

Lawyers Get Away from it All in the North Carolina Mountains

Leadership, Attorney-Staff Relations
& Simplified Action Planning

The Link Between Chronic Office Chaos, Stress, Depression & Substance Abuse

Take Time to Recharge Your Stress
Management Batteries